Hussey v Palmer [1972] EWCA Civ 1 (22 June 1972)

Hussey v Palmer [1972] EWCA Civ 1 (22 June 1972)

Mrs. Hussey's payment for the extension was not a loan or gift but created a constructive (or resulting) trust, entitling her to an equitable interest in the property proportionate to her contribution, as justice and conscience require.

Citation
[1972] EWCA Civ 1
Parties
Plaintiff Appellant: Mrs. Emily Hussey; Defendant Respondent: P. Palmer
Jurisdiction
England and Wales
Judgment Date
22 June 1972
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
appeal allowed
Legal Topics
Resulting Trust, Constructive Trust, Family Arrangements, Equitable Remedies
Equity Property Law Trusts Resulting Trust Constructive Trust Family Arrangements Equitable Remedies

Case Brief

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Parties

Mrs. Emily Hussey

Plaintiff Appellant

P. Palmer

Defendant Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mrs. Hussey's payment for the house extension created a resulting or constructive trust in her favour
  2. 2 Whether the payment was a loan, gift, or trust arrangement

Ratio Decidendi

Mrs. Hussey's payment for the extension was not a loan or gift but created a constructive (or resulting) trust, entitling her to an equitable interest in the property proportionate to her contribution, as justice and conscience require.

Court Disposition

appeal allowed

Orders

  • Declaration of resulting trust in favour of Mrs. Hussey in respect of the house
  • Interest awarded